Wolfe v. Limestone Council No. 373
Supreme Court of Pennsylvania
Appeal, No. 93, Oct. T., 1911, by plaintiff, from order of C. P. Armstrong Co., Dec. T., 1909, No. 56, refusing to take off nonsuit in ease of Dwight Wolfe et al. Limestone Council No. 373, Junior Order United American Mechanics v. Limestone Council No. 373, Order Independent Americans, B. C. Bonner et al.
Read the full summary
Appeal, No. 93, Oct. T., 1911, by plaintiff, from order of C. P. Armstrong Co., Dec. T., 1909, No. 56, refusing to take off nonsuit in ease of Dwight Wolfe et al. Limestone Council No. 373, Junior Order United American Mechanics v. Limestone Council No. 373, Order Independent Americans, B. C. Bonner et al. Trespass quare clausum fregit et de bonis asportatis by several individuals “in their own behalf and on behalf of all other members of Limestone Council No. 373, Junior Order of United American Mechanics as may hereafter choose to become plaintiffs,” against Limestone Council No. 373, Order…
1Opinion of the Court
Per Curiam,
An examination of this record satisfies us that the court below was right in holding that no joint trespass was shown to have been committed by the several defendants. The unincorporated association named as a *362defendant is not a person natural or artificial and could not properly be sued as such: Ash v. Guie, 97 Pa. 493. “The proper method of suing such an association is to institute a suit in equity against some of the members as representing themselves and all others having the same interest, and after judgment, to compel the defendants ’to see that the treasury of the…
2Cases cited6 opinions
- Ash v. GuieSupreme Court of Pennsylvania · 1881
- Liederkranz Singing Society v. Turn-VereinSupreme Court of Pennsylvania · 1894
- State Council Junior Order of United American Mechanics v. EmerySupreme Court of Pennsylvania · 1908
- Maisch v. Order of AmericusSupreme Court of Pennsylvania · 1909
- Fletcher v. TribeSuperior Court of Pennsylvania · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Scott v. DonahueCalifornia Court of Appeal · 1928
- Fisher v. Stevens Coal Co. (Et Al.,)Superior Court of Pennsylvania · 1939
- Oster v. Brotherhood of Locomotive Firemen & EnginemenSupreme Court of Pennsylvania · 1921
- Frey v. DoughertySupreme Court of Pennsylvania · 1926
- Franklin Paper Co. v. GormanSuperior Court of Pennsylvania · 1921
19 more not listed; retrieve them via the Exa API.